[Posted 2009-10-05; last reviewed 2013-08-04]
The usual cautions & disclaimers apply: Don't rely on these materials as a substitute for legal advice; they aren't necessarily up to date and are subject to change without notice; your using these materials does not establish an attorney-client relationship with me; etc. — SO ASK YOUR LAWYER whether these materials are right for you.
Another caution: Web-site operators and their counsel should check the Federal Trade Commission's Red Flags Rule about privacy safeguards to see if it applies to them. Ditto for the U.S. "safe harbor" framework for compliance with the European Commission's Directive on Data Protection.]
Table of contents
What we do with your personally identifiable information
It is always up to you whether to disclose personally identifiable information to us, although if you elect not to do so, we reserve the right not to register you as a user or provide you with any products or services. "Personally identifiable information" means information that can be used to identify you as an individual, such as, for example:
- your name, company, email address, phone number, billing address, and shipping address
- your [COMPANY NAME] user ID and password (if applicable)
- credit card information (if applicable) [THIS MAY NOT BE APPROPRIATE IF CREDIT-CARD INFORMATION IS HANDLED BY THE PAYMENT PROCESSOR]
- any account-preference information you provide us
- your computer's domain name and IP address, indicating
where your computer is located on the Internet
- session data for your login session, so that our computer can 'talk' to yours while you are logged in
If you do provide personally identifiable information to us, either directly or through a reseller or other business partner, we will:
- not sell or rent it to a third party without your permission — although unless you opt out (see below), we may use your contact information to provide you with information we believe you need to know or may find useful, such as (for example) news about our services and products and modifications to the Terms of Service;
- take commercially reasonable precautions to protect the information from loss, misuse and unauthorized access, disclosure, alteration and destruction;
- not use or disclose the information except:
- as necessary to provide services or products you have ordered, such as (for example) by providing it to a carrier to deliver products you have ordered;
- in the aggregate with other information in such a way so that your identity cannot reasonably be determined (for example, statistical compilations);
- as required by law, for example, in response to a subpoena or search warrant;
- to outside auditors who have agreed to keep the information confidential;
- as necessary to enforce the Terms of Service;
- as necessary to protect the rights, safety, or property of [COMPANY NAME], its users, or others; this may include (for example) exchanging information with other organizations for fraud protection and/or risk reduction.
Other information we collect
We may collect other information that cannot be readily used to identify you, such as (for example) the domain name and IP address of your computer. We may use this information, individually or in the aggregate, for technical administration of our Web site(s); research and development; customer- and account administration; and to help us focus our marketing efforts more precisely.
[COMPANY NAME] uses "cookies" to store personal data on your computer. We may also link information stored on your computer in cookies with personal data about specific individuals stored on our servers. If you set up your Web browser (for example, Internet Explorer or Firefox) so that cookies are not allowed, you might not be able to use some or all of the features of our Web site(s).
External data storage sites
We may store your data on servers provided by third party hosting vendors with whom we have contracted.
Your privacy responsibilities
To help protect your privacy, be sure:
- not to share your user ID or password with anyone else;
- to log off the [COMPANY NAME] Web site when you are finished;
- to take customary precautions to guard against "malware" (viruses, Trojan horses, bots, etc.), for example by installing and updating suitable anti-virus software.
Notice to European Union users
[COMPANY NAME]'s operations are located primarily in the United States. If you provide information to us, the information will be transferred out of the European Union (EU) to the United States. By providing personal information to us, you are consenting to its storage and use as described herein.
Information collected from children
You must be at least 13 years old to use [COMPANY NAME]'s Web site(s) and service(s). [COMPANY NAME] does not knowingly collect information from children under 13. (See the [U.S.] Children's Online Privacy Protection Act.)
Questions or comments?
Thank you for choosing [COMPANY NAME]!